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54.
The available evidence suggests that profiling practices based on ethnicity, national
origin or religion are an unsuitable and ineffective, and therefore a disproportionate, means of
countering terrorism: they affect thousands of innocent people, without producing concrete
results.
55.
Moreover, even if the classifications underlying these methods did correspond to a higher
risk posed by some categories of persons, this would still not mean that their use is justified. For
terrorist-profiling practices entail considerable negative effects that must also be factored into the
proportionality assessment.
Adverse effects
56.
Profiling practices based on ethnicity, national origin or religion can take a profound
emotional toll on those subjected to them. The Special Rapporteur believes that profiling
practices have a more serious impact than “neutral” law-enforcement methods. While anyone
stopped, searched or questioned by the police may feel intimidated or degraded to a certain
extent, the encounter has a particularly humiliating effect when characteristics such as ethnicity
or religion played a role in the law-enforcement officer’s decision.
57.
The Special Rapporteur is concerned that these individual experiences may translate into
negative group effects. Terrorist-profiling practices single out persons for enhanced
law-enforcement attention simply because they match a set of group characteristics, thus
contributing to the social construction of all those who share these characteristics as inherently
suspect. This stigmatization may, in turn, result in a feeling of alienation among the targeted
groups.
58.
The Special Rapporteur takes the view that the victimization and alienation of certain
ethnic and religious groups may have significant negative implications for law-enforcement
efforts, as it involves a deep mistrust of the police. For the United Kingdom, the Metropolitan
Police Authority has highlighted “the huge negative impact” on community relations of the use
of stop-and-search powers: “It has increased the level of distrust of our police; it has created
deeper racial and ethnic tensions against the police; … it has cut off valuable sources of
community information and intelligence.”37 The lack of trust between the police and
communities may be especially disastrous in the counter-terrorism context. The gathering of
intelligence is the key to success in largely preventive law-enforcement operations. Therefore,
if, as some Governments claim, terrorist “sleepers” in their countries are likely to be Muslim,
Middle Eastern and South Asian men, then it would be crucial for law-enforcement agencies to
enjoy the cooperation of the respective communities. To be successful, counter-terrorism
law-enforcement policies would have to strengthen the trust between the police and
communities.
37
House of Commons Home Affairs Committee, Written Evidence: Memorandum submitted by
the Metropolitan Police Authority, 8 July 2004.
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